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HomeMy WebLinkAbout04. Review proposed Board Policy regarding paid sick leave for temporary employeesCentral Contra Costa Sanitary District May 11, 2015 TO: ADMINISTRATION COMMITTEE VIA: ROGER S. BAILEY, GENERAL MANAGER ANN SASAKI, DEPUTY GENERAL MANAGER FROM: TEJI O'MALLEY, HUMAN RESOURCES MANAGER SUBJECT: HEALTHY WORKPLACES /HEALTHY FAMILIES ACT OF 2014 — PAID SICK LEAVE FOR TEMPORARY EMPLOYEES During the February 9, 2015 Administration Committee meeting, staff presented an overview of the Healthy Workplaces /Healthy Families Act of 2014 (Assembly Bill 1522), which was signed into law in September 2014. After discussion with the Committee and an evaluation of how other agencies, both public and private, are implementing the bill, staff is now presenting a recommendation on its implementation at the District. In summary, the bill, commonly referred to as the Healthy Workplaces /Healthy Families Act of 2014, requires, effective July 1, 2015, that all employers must provide a minimum of three paid sick days (24 hours) in a 12 -month period for the diagnosis, care, or treatment of an existing health condition or preventive care for an employee or an employee's family members. The District currently provides all permanent employees with 12 days (96 hours) of paid sick leave, which exceeds the minimum set forth in the legislation. However, the District does not provide any sick leave to temporary employees and will need to do so effective July 1, 2015. Overview of the Healthy Workplaces /Healthy Families Act of 2014 The District has to comply with the following: • Employer must provide at least three paid sick days to all employees, including temporary employees. • The employee must work a minimum of 30 days within a 12 -month period. • Employer must allow a carryover of any unused sick leave to the following year of employment, up to an accrual cap of six days. • If an employee separates from employment and is rehired within 12 months from original date of hire, employer must restore accruals to the level at the time of separation. Central Contra Costa Sanitary District Healthy Workplaces /Healthy Families Act Of 2014 — Paid Sick Leave For Temporary Employees Page 2 of 2 The District has discretion over the following provisions: • Employer can limit the number of sick days used to three days in any one year. • Employer may set a reasonable minimum increment of sick leave to be used; however, the increment cannot exceed two hours. • Employer may require employees to wait until their 90th day of employment to utilize the accruals. • Employer is not required to pay out any remaining balances of sick leave to an employee who separates from employment. Impacts to the District This law applies to all District temporary employees, including co -ops and summer /seasonal students. As the District is not required to pay out any unused accrual balances at time of separation, the financial impact as a result of implementing AB 1522 is difficult to define. Actual utilization of the accrued sick leave would have an impact on the work that the temporary employees are engaged in, but staff believes this would be negligible. Attached is the draft Board Policy that outlines the implementation of this policy as well as the Human Resources Sick Leave procedure. The Human Resources procedure encompasses all aspects of sick leave, both for permanent and temporary employees, in one document. The sick leave provisions for permanent employees have been taken directly from the Memoranda of Understanding (MOUs) and the provisions for the temporary employees are in accordance with staff's recommendation on the implementation of the bill at the District. Number: BP XXX Related Procedure: HR Procedure -Sick Leave Authority: Board of Directors Effective: July 1, 2015 Revised: Reviewed: Initiating Dept. /Div.: Administration /Human Resources BOARD POLICY I 1 www.centralsan.org SICK LEAVE FOR TEMPORARY EMPLOYEES PURPOSE: To establish a policy for implementing Assembly Bill 1522 codified as Labor Code Sections 245 through 249 (also known as the Healthy Workplaces /Healthy Families Act of 2014), which provides District temporary employees with sick leave. POLICY: • It is District policy to comply with the provisions set forth in the Healthy Workplace /Healthy Families Act of 2014. For those items that allow the District discretion when implementing the act, the District will provide for the following: o Annual Grant: The District will grant three (3) days of paid sick leave within a twelve -month period. o Sick Leave Use: Employees may use their paid sick leave beginning on their 90th day of employment. Employees may determine how much sick leave he or she needs to use with a minimum usage of two (2) hours per incident. o Terminal Sick Leave: Employees are not paid for unused paid sick leave upon termination of employment. [Original Retained by the Secretary of the District] Central Contra Costa Sanitary District HUMAN RESOURCES PROCEDURE Effective Date: July 1, 2015 Sheet 1 of 4 Subject: SICK LEAVE POLICY Established by: TEJI O'MALLEY, HUMAN RESOURCES MANAGER PERMANENT EMPLOYEES: Sick Leave Accumulation: Pursuant to the Memoranda of Understanding, current regular or probationary employees hired by the District prior to May 1, 1985, earn fifteen (15) days sick leave per year. Regular or probationary employees hired by the District after May 1, 1985, earn twelve (12) days sick leave per year. Sick leave is to be used only in case of real sickness, disability, medical or dental care for the employee, or up to ten (10) days annually may be used to attend to the health needs of an immediate family member. If all accumulated sick leave is used, earned vacation time may be used as sick leave in order to receive full regular pay. Probationary employees are eligible to use earned sick leave as required. If absence due to illness or injury exceeds five (5) working days, the District may, through the Human Resources Office, require a doctor's release upon the employee's return to work. However, the District may, after consultation with the employee and with advance written notice, require a doctor's release to return to work for any sick leave time taken. In cases where the District has cause to believe it would be in the employee's best interest, for reasons of health and safety, the District may require a Functional Capabilities Evaluation signed by the employee's treating physician or the District's Occupational Health Physician before the employee is allowed to resume full duties after an illness or injury. In the event the employee is not able to have the Functional Capabilities Evaluation form completed immediately, the District will accept a less complete release signed by a medical doctor for a period of five (5) days to allow for the return of the Functional Capabilities Evaluation form. Notification: An employee must notify the immediate supervisor if calling in sick at the beginning of the employee's assigned work hours; if the immediate supervisor is unavailable, then the notification shall follow the chain of command. Sick Leave Incentive Benefit: Unused sick leave accumulates from one year to the next. There is no maximum limitation. The balance of unused accumulated sick leave is credited as longevity upon retirement. HUMAN RESOURCES PROCEDURE Sheet 2 of 3 For current regular or probationary employees hired by the District prior to May 1, 1985, the District shall augment the regular sick leave policy with an incentive benefit using a formula crediting eighty five (85 %) percent of the employee's yearly unused sick leave to an accumulating account for that person. For regular or probationary employees hired by the District after May 1, 1985, the following schedule shall apply: Years of Pay -off Credit Pay -off Credit Service at Termination at Retirement 0 - 5 Years 0 Percent 0 Percent 5 - 10 Years 25 Percent 25 Percent 10 - 25 Years 25 Percent 35 Percent 25 and Over 25 Percent 40 Percent Payment for all credited sick leave will be made upon retirement or termination of employment only if the employee provides the District with a minimum two (2) weeks' notice. Work- incurred Injury or Illness: The District's policy for charging sick leave for work - incurred injuries or illness shall be as follows: An employee requiring medical attention for a work - incurred injury or illness will not be required to charge the portion of time spent on the day of injury receiving medical care to his /her sick leave record. After the doctor has released the employee from his office, any additional time off on that day will be charged to the employee's sick leave account. Employees shall be allowed paid release time for work - related injury doctor and /or physical therapy appointments. Death In Family: In the event of a death in the immediate family of an employee, the employee may, after notifying his /her supervisor, be absent up to a maximum of ten (10) days and have the time off charged to his /her sick leave account. Accrued vacation time may be used if additional time is required. If the employee does not have sufficient vacation time or earned overtime available, he /she may use up to three days of leave without pay, with Department Director approval. For purposes of this section, "Immediate Family" consists of the following persons; mother, father, husband, wife, registered domestic partner, brother, sister, son, daughter, in -laws, grandparent, or grandchild. Verification may be required. TEMPORARY EMPLOYEES: Pursuant to the Healthy Workplace /Healthy Families Act of 2014 (AB 1522), Central Contra Costa Sanitary District provides for paid sick time off for temporary employees as outlined below: HUMAN RESOURCES PROCEDURE Sheet 3 of 3 Covered employees: Any employee, who on or after July 1, 2015, works in California for 30 or more days within a year from the beginning of employment is entitled to paid sick leave. Annual Grant: The District will grant three (3) days of paid sick leave within a twelve- month period. Sick Leave Use: Employees may use their paid sick leave beginning on their 901h day of employment. Employees may determine how much sick leave he or she needs to use with a minimum usage of two (2) hours per incident. Qualifying Reasons for Use: Upon an employee's written or oral request, the District will provide paid sick leave for (1) the employee's own or "family member's" diagnosis, care, or treatment of an existing health condition, or preventive care; and (2) an employee who is a victim of domestic violence, sexual assault, or stalking to seek aid, treatment, or related assistance. Covered Family Members: "Family member" includes (1) child (regardless of age or dependency status) — biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; (2) biological, adoptive, or foster parent or step parent, legal guardian of the employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis to the employee when the employee was a minor child; (3) spouse or registered domestic partner; (4) grandparent; (5) grandchild; and (6) sibling. Rate of Pay for Paid Sick Leave: Hourly employees are paid according to their hourly rates of pay. Notification: An employee must notify the immediate supervisor if calling in sick at the beginning of the employee's assigned work hours; if the immediate supervisor is unavailable, then the notification shall follow the chain of command. Terminal Sick Leave: Employees are not paid for unused paid sick leave upon termination of employment. However, the District will restore to the employee any unused paid sick leave if the employee is rehired within one year of the termination. The rehired employee is entitled to use the previously unused paid sick leave and to receive additional paid sick leave (up to 3 days in a twelve -month period) upon rehire.